Presented to you through Paradigm Publishing Services
Harvard University Press
Chapter
Licensed
Unlicensed
Requires Authentication
Chapter Twenty-Two. A FRIVOLOUS FORMALITY. The Law of Precedent
You are currently not able to access this content.
You are currently not able to access this content.
Chapters in this book
- Frontmatter i
- CONTENTS vii
- ILLUSTRATIONS xi
-
PART ONE. THE WORLD
- Chapter One. A RACE OF YANKEES. Ancestors 3
- Chapter Two. ROUT OF THE DOE-FACES. Father 14
- Chapter Three. THE BARBARIC COURSE. Education 27
- Chapter Four. JOE DOE — EDUCATED. At the Bar 43
- Chapter Five. SWALLOWING HIMSELF. Politics 60
-
PART TWO. THE JUDGE
- Chapter Six. ENTIRELY ACCORDING TO DOE. Trial Judge 77
- Chapter Seven. NEW-MODELLING THE FORMS. Civil Procedure 93
- Chapter Eight. THE LABYRINTH OF AUTHORITY. The Law of Evidence and Criminal Insanity 109
- Chapter Nine. A PRIVATE CONJECTURE. Rules of Construction 122
- Chapter Ten. EXPERIENCE OR REASON. A Theory of Torts 133
-
PART THREE. THE MAN
- Chapter Eleven. A DOSE OF OZONE. The Public Man 151
- Chapter Twelve. WONDER OF THE NEIGHBORHOOD. The Family Man 172
- Chapter Thirteen. PUDDING AND MILK. The Private Man 183
- Chapter Fourteen. A POLITICAL FOOTBALL. Nonjudicial Activities 197
- Chapter Fifteen. THE NEW HAMPSHIRE METHOD. The Court Leader 207
-
PART FOUR. THE CONSTITUTIONAL THEORIST
- Chapter Sixteen. THE FIRST CHAPTER OF THE CONSTITUTION. Civil Rights 227
- Chapter Seventeen. THE SUBSTANCE OF THE CONSTITUTION. The Doctrine of Equality 244
- Chapter Eighteen. ALL THE SUMMERS OF MY LIFE. The Limits of Government 253
- Chapter Nineteen. CHAOS AND CONTENTION. Railroad Regulation 267
- Chapter Twenty. THE TOMBSTONES OF OUR ANCESTORS. Constitutional Principles 282
-
PART FIVE. THE LEGAL PHILOSOPHER
- Chapter Twenty-One. THE LAST LAWMAKER. Judicial Power 297
- Chapter Twenty-Two. A FRIVOLOUS FORMALITY. The Law of Precedent 319
- Chapter Twenty-Three. AN EVIL OF SOME MAGNITUDE. The Common Law 332
- Chapter Twenty-Four. THE PERFECTION OF REASON. The Nature of Law 338
- Chapter Twenty-Five. A MASS OF CUSTOMS. The Origin of Law 349
-
PART SIX. THE CHIEF JUSTICE
- Chapter Twenty-Six. AN INCORRIGIBLE DESPOT. Relations with the Bar 367
- Chapter Twenty-Seven. THE WAGERS OF BATTLE. Colleagues 387
- Chapter Twenty-Eight. A PECULIAR MODE OF EXPRESSION. Common-Law Method 401
- Chapter Twenty-Nine. THE OBSCURITY OF OVER ELABORATION. Style and Influence 412
- Chapter Thirty. BORN TO THE JUDGESHIP. The Heritage 425
-
ACKNOWLEDGMENTS NOTES INDEX
- ACKNOWLEDGMENTS 439
- NOTES 441
- INDEX 483
Chapters in this book
- Frontmatter i
- CONTENTS vii
- ILLUSTRATIONS xi
-
PART ONE. THE WORLD
- Chapter One. A RACE OF YANKEES. Ancestors 3
- Chapter Two. ROUT OF THE DOE-FACES. Father 14
- Chapter Three. THE BARBARIC COURSE. Education 27
- Chapter Four. JOE DOE — EDUCATED. At the Bar 43
- Chapter Five. SWALLOWING HIMSELF. Politics 60
-
PART TWO. THE JUDGE
- Chapter Six. ENTIRELY ACCORDING TO DOE. Trial Judge 77
- Chapter Seven. NEW-MODELLING THE FORMS. Civil Procedure 93
- Chapter Eight. THE LABYRINTH OF AUTHORITY. The Law of Evidence and Criminal Insanity 109
- Chapter Nine. A PRIVATE CONJECTURE. Rules of Construction 122
- Chapter Ten. EXPERIENCE OR REASON. A Theory of Torts 133
-
PART THREE. THE MAN
- Chapter Eleven. A DOSE OF OZONE. The Public Man 151
- Chapter Twelve. WONDER OF THE NEIGHBORHOOD. The Family Man 172
- Chapter Thirteen. PUDDING AND MILK. The Private Man 183
- Chapter Fourteen. A POLITICAL FOOTBALL. Nonjudicial Activities 197
- Chapter Fifteen. THE NEW HAMPSHIRE METHOD. The Court Leader 207
-
PART FOUR. THE CONSTITUTIONAL THEORIST
- Chapter Sixteen. THE FIRST CHAPTER OF THE CONSTITUTION. Civil Rights 227
- Chapter Seventeen. THE SUBSTANCE OF THE CONSTITUTION. The Doctrine of Equality 244
- Chapter Eighteen. ALL THE SUMMERS OF MY LIFE. The Limits of Government 253
- Chapter Nineteen. CHAOS AND CONTENTION. Railroad Regulation 267
- Chapter Twenty. THE TOMBSTONES OF OUR ANCESTORS. Constitutional Principles 282
-
PART FIVE. THE LEGAL PHILOSOPHER
- Chapter Twenty-One. THE LAST LAWMAKER. Judicial Power 297
- Chapter Twenty-Two. A FRIVOLOUS FORMALITY. The Law of Precedent 319
- Chapter Twenty-Three. AN EVIL OF SOME MAGNITUDE. The Common Law 332
- Chapter Twenty-Four. THE PERFECTION OF REASON. The Nature of Law 338
- Chapter Twenty-Five. A MASS OF CUSTOMS. The Origin of Law 349
-
PART SIX. THE CHIEF JUSTICE
- Chapter Twenty-Six. AN INCORRIGIBLE DESPOT. Relations with the Bar 367
- Chapter Twenty-Seven. THE WAGERS OF BATTLE. Colleagues 387
- Chapter Twenty-Eight. A PECULIAR MODE OF EXPRESSION. Common-Law Method 401
- Chapter Twenty-Nine. THE OBSCURITY OF OVER ELABORATION. Style and Influence 412
- Chapter Thirty. BORN TO THE JUDGESHIP. The Heritage 425
-
ACKNOWLEDGMENTS NOTES INDEX
- ACKNOWLEDGMENTS 439
- NOTES 441
- INDEX 483